In a motor vehicle collision involving two insured drivers, the driver at fault uses their auto insurance to pay for damages. The other driver may also use their own insurance to cover accident-related expenses. This is the common and—in many cases—most ideal scenario.
But what if the at-fault driver does not have insurance? If an uninsured driver injures you, how can you recover compensation?
Here are some answers that might provide some clarity.
What are the insurance requirements in Connecticut?
State law requires continuous insurance coverage for all registered vehicles. Every driver must have at least a coverage of $25,000 per person and $50,000 per accident. Property damage coverage must be at least $25,000 for every accident.
What if the at-fault driver has no insurance?
You can still file a claim or lawsuit against the other driver if they have no insurance. If the judge rules in your favor, the defendant may have to pay for damages out-of-pocket.
Even so, collecting from an uninsured driver is often difficult. The lack of insurance can signify that they do not and will not have any funds or assets to compensate you.
That said, enforcing the court’s decision may require other steps, such as:
- Wage garnishment: It is possible to get a court order to garnish the driver’s wages. This means a portion of their income will go to you as compensation.
- Liens: A lien will prevent the defendant from selling their property until they pay their debt to you. Unfortunately, this does not guarantee immediate compensation.
- Payment plan: You can negotiate a payment plan with the other driver where they can pay their debt bit by bit. This option can increase your chances of recovering compensation, but the defendant must be willing to cooperate.
It is advisable to work with a personal injury attorney who can help you explore all possible legal options. If applicable, they can also help find other sources of compensation, such as third parties in the accident.
Can you file a claim with your own insurance provider?
Uninsured/underinsured insurance coverage is mandatory under Connecticut law. This covers you, your passengers and family members who live with you if you are injured by someone with little to no insurance.
Filing a claim with your own provider can help you get the funds you need for medical bills, car repairs and other damages. It can be especially helpful when you need money as soon as possible, but the at-fault driver is refusing to pay.
